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Gerry Lewis Rosendahl v. Janelle A. Rosendahl

December 19, 2011

GERRY LEWIS ROSENDAHL, APPELLANT (DEFENDANT),
v.
JANELLE A. ROSENDAHL, APPELLEE (PLAINTIFF).



Appeal from the District Court of Lincoln County The Honorable Dennis L. Sanderson, Judge

The opinion of the court was delivered by: Hill, Justice.

Before KITE, C.J., and GOLDEN, HILL, VOIGT, and BURKE, JJ.

NOTICE: This opinion is subject to formal revision before publication in Pacific Reporter Third. Readers are requested to notify the Clerk of the Supreme Court, Supreme Court Building, Cheyenne, Wyoming 82002, of any typographical or other formal errors so that correction may be made before final publication in the permanent volume.

[¶1] In his appeal from a divorce decree, Gerry Lewis Rosendahl (Husband) challenges the property distribution, the award of attorney's fees to Janelle A. Rosendahl (Wife), and the order that he pay one-half of an orthodontia bill incurred by Wife's children. We affirm.

ISSUES

[¶2] Husband raises five issues on appeal:

1. Whether the trial court abused its discretion in the distribution of the parties' marital assets and the allocation of the parties' marital debts?

2. Whether the trial court abused its discretion in the award of attorney fees to [Wife]?

3. Whether the trial court's mandate that Husband is to pay for one-half of an orthodontia bill incurred for the benefit of the Wife's children of a previous relationship is supported by the record?

4. Whether the trial court appropriately entered a final Judgment and Decree of Divorce?

5. Whether the trial court erred by deciding [Husband's] Motion to Amend Judgment and Decree of Divorce or, in the Alternative, Motion for New Trial on Limited Issues without a hearing?

STANDARD OF REVIEW

[¶3] We addressed this very issue in Olsen v. Olsen, 2011 WY 30, ¶ 5, 247 P.3d 77, 79 (Wyo. 2011), where we reiterated our standard of review:

The district court has broad discretion to divide marital property in a divorce. Sanning v. Sanning, 2010 WY 78, ¶ 8, 233 P.3d 922, 923 (Wyo. 2010); Root v. Root, 2003 WY 36, ¶ 8, 65 P.3d 41, 44 (Wyo. 2003). See also, Wyo. Stat. Ann. § 20-2-114 (LexisNexis 2009) [see below]. We review the district court's disposition of marital property using the abuse of discretion standard. Sanning, ¶ 8, 233 P.3d at 923. See also, Sweat v. Sweat, 2003 WY 82, ¶ 6, 72 P.3d 276, 278 (Wyo. 2003). "An abuse of discretion occurs when the property disposition shocks the conscience of this court ...


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